Practice and Procedure

ATTORNEY GENERAL'S REFERENCE (NO.84 OF 2007) sub nom R v ANDREW HAMILTON LYNCH (2007)

PUBLISHED October 23, 2007
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[2007] EWCA Crim 2705

A judge had erred in his categorisation of two offences of assault by penetration and had imposed a lenient sentence. However, in light of the principle of double jeopardy, it was inappropriate to interfere with the sentence since it would have amounted to a mere nine-month increase in the specified minimum term of an indeterminate sentence.

CA (Crim Div) (Tuckey LJ, Foskett J, Judge Patience QC)

23/10/2007

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